Periconi, LLC

March 2013 Archives

Extension of New York State Fracking Moratorium Passes State Assembly, But its Ultimate Fate is Unclear

On March 7, 2013, the New York State Assembly passed legislation to extend the moratorium in place on high pressure horizontal hydraulic fracturing - hydrofracking or fracking - of shale that has been in place since 2008. Though the bill, Assembly Bill 5424-A, passed the Assembly by a wide margin of 95 to 40, the legislation must still be approved by the State Senate and signed by Governor Cuomo before taking effect. It is unclear if the Senate, which is controlled through a power sharing agreement among Republicans, Democrats and the Independent Democratic Caucus, will act on the bill. 

Destruction of Oil Spill Investigation Data Ruled Not Sufficiently Prejudicial to Warrant the Dismissal of a Cost Recovery Action Under Navigation Law § 12

Does the destruction of plaintiff's technical data supporting disclosed oil spill investigation reports get a defendant off the hook? Apparently not, decided the Appellate Division (Third Dept.) in a November 2012 decision, rejecting a defense motion to reverse a plaintiff's trial verdict. Defendants had received the reports themselves, without the backup technical data, but had not requested any of the data for nearly a year after the commencement of litigation, well after a document retention policy caused destruction of the backup data. 

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